Paul LeinsterPaul Leinster

Director

Environmental Protection

OverviewOverview

• Spearheads Regulatory & Charging Strategy

• Move towards Environmental Risk Based Regulation

• Integration of Risk, Work Planning and Charging

• Follows on from outputs from previous consultations

• Builds on previous risk based work

• Links to FMPR Recommendations

EP OPRA isEP OPRA is

• A risk screening methodology

• Developed from IPC and Waste OPRA

• Has four attributes

• Reflects key Agency drivers

The Four attributes areThe Four attributes are

• Complexity

• Location

• Emissions

• Operator Performance

Each attribute has 5 bandsEach attribute has 5 bands[A to E ( A = Good E = Worst) ][A to E ( A = Good E = Worst) ]This produces a profile

Attribute “Band Score”A B C D E

Complexity

Emissions AirWaterLandThird Party waterThird Party Land

Location

OperatorPerformance

Complexity - DefinitionComplexity - Definition

• Reflects effort needed to understand:

– The Processes

– Their interactions

– Pollution Potential

Linked to Schedule 1of the PPC Regulations

Complexity band linked to:-Complexity band linked to:-• significant releases to one or more media

• uses one or several interconnected but distinct processes

• has a significant inventory of potentially hazardous materials

• is a specified waste activity

• is of a significant size relative to the sector and the other criteria mentioned

• is likely to require significant regulatory effort to assess and maintain compliance and thereby maintain public confidence

LocationConsiders potential impact on the environment or likelihood

of harm to human health

From Agency perspective

Closer to sensitive environment greater the effort needed to

– determine permit

– manage compliance assessment

– manage associated enforcement action

EmissionsEmissionsUses `emission index` for air, land, water Based on:

•annual load of each pollutant•pollutants potential to cause environmental harm

Utilises •Occupational Exposure Limits (OECs)•Environmental Quality Standards (EQS) •waste based on inputs as surrogate for emissions•reductions for third party disposals with recycling and re-use

Operator PerformanceOperator Performance

2 Parts:

1. Management systems- Presence or absence of systems

2. Compliance history- Check on effectiveness of such systems

Management SystemsManagement Systems

Structured questions on:•operations and maintenance•competence and training•emergency planning•organisation and•auditing, reporting and evaluation

Compliance HistoryCompliance HistoryConsulting on use of:

- criminal convictions

- notices e.g. works, prohibition, suspension and revocation

- formal cautions

- breaches of other legislation (Part III of EPA 90 H&SWetcA74 and FSA90)

Determination & Review of Determination & Review of EP OPRAEP OPRA

• Applicant populates data & submits to Agency

• Agency reviews at time of determination

• OPRA score finalised at permit issue

• OPRA scores reviewed periodically as part of ongoing compliance assessment

Main Points Raised So FarMain Points Raised So Far• It’s too complicated -

especially for small businesses

• Insufficient reward for good Operator Management

• Must be applied consistently

• No scope for Inspector judgement

• Substituting experience for bureaucracy - tick box approach

• Not enough reward for in-house EMS c.f. EMAS & ISO 14001

• Emissions - use Pollution Inventory thresholds

• Lack of transparency in how complexity look up table derived

• Location - penalises operators for planning issues

• How check Operators OPRA assessments?

• Definition of waste & recycling needed

Any more issues?